How to re-marry after giving divorce under Muslim Law?
01-Aug-2023 (In Family Law)
Sir, I was married to one of my relative's daughter as per Muslim rituals in 2011. After marriage I came to know that she did not want to marry me and she was married under sum pressure. She started troubling me since day-2 and always used to leave my house in 15-20 days n stayher home. On the other hand she (to hide her wish/affairs) kept misguiding her parents that I dont take care of her and she's not happy because of Me. This way she kept saying the truth in front of me (that she wanted to marry someone else) but In front of her parents she kept like a good daugher/oppressed women. In 2012 she left my house without my permission permanently. I tried to get her back but no success. Her family members kept threatening me and my parents and abusing. In anger, I divorced her thru notary with qaziat attestation in Dec-2013. They filed a fake 498a in Jan-2014 against me . Is there any way I can legaliize the Muslim way divorce? I want to re-marry and live like others. Thanks
Even if attested by a Qazi and notarized, divorce will be valid only if it was "Mubaarat", which is a divorce by mutual consent under Muslim Law. Because, in your case, no other form of divorce is applicable, as you initiated a divorce but approached a Qazi and a notary.
Recently, the Bombay High Court ruled in a judgment passed in January 2016, that existence of a document like talqnama is not sufficient to render a talaq valid.
You could have divorced her by pronouncing talaq according to rules of Talaq-ul-Sunnat.
Now, you can get a declaratory decree of the divorce by a Civil Court, by producing the notarized document. Statements of the Qazi, your wife and other witnesses who witnessed the execution of the notarized document, will also be needed.
You can remarry after getting the declaratory decree.
Recently, the Bombay High Court ruled in a judgment passed in January 2016, that existence of a document like talqnama is not sufficient to render a talaq valid.
You could have divorced her by pronouncing talaq according to rules of Talaq-ul-Sunnat.
Now, you can get a declaratory decree of the divorce by a Civil Court, by producing the notarized document. Statements of the Qazi, your wife and other witnesses who witnessed the execution of the notarized document, will also be needed.
You can remarry after getting the declaratory decree.
You have already divorced your wife according to Muslim law. File a suit for declaratory decree about your divorce. After getting the decree you can remarry any other woman without any problem. Also you should not worry about the false 498A case if it is still pending, because you can show that she has filed the case for harassing you.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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